Filing # E-Filed 08/02/ :02:50 PM

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1 Filing # E-Filed 08/02/ :02:50 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA. Case No.: PAULINE GRANT, EUGENE K. PETTIS and MITCHELL W. BERGER, v. Plaintiffs, NORTH BROWARD HOSPITAL DISTRICT d/b/a BROWARD HEALTH, Defendant. / COMPLAINT Plaintiffs, PAULINE GRANT, EUGENE K. PETTIS and MITCHELL W. BERGER, by and through its undersigned attorneys, sue Defendant, NORTH BROWARD HOSPITAL DISTRICT d/b/a BROWARD HEALTH, and states: 1. The matter involves violations of Florida s Public Records Act (Chapter 119, Fla. Stat.) by the North Broward Hospital District d/b/a Broward Health ( Broward Health ). Fla. Stat (1) requires this Court to set an immediate hearing, giving the case priority over other pending cases. 2. Plaintiff/Petitioner, Pauline Grant ( Grant ), is an individual, resident of Broward County, Florida and is otherwise sui juris. 3. Plaintiff/ Petitioner, Mitchell W. Berger ( Berger ), is an individual, resident of Broward County, Florida, and is otherwise sui juris. Berger is an attorney licensed to practice law in the State of Florida.

2 4. Plaintiff/Petitioner, Eugene K. Pettis ( Pettis ) is an individual, resident of the City of Plantation, Florida, and is otherwise sui juris. Pettis is an attorney licensed to practice law in the State of Florida. 5. Respondent/Defendant, Broward Health, is an independent special district of the State of Florida. Broward Health is an agency as defined by Fla. Stat (2). Providing access to public records is the duty of each agency. 6. Grant is the former CEO of Broward Health North, which is a hospital within Broward Health located at 201 E. Sample Road in Pompano Beach, Florida. Grant was CEO of Broward Health North for 14 years before she was made Interim CEO of Broward Health by Broward Health s Board of Commissioners (the Board ) during a March 16, 2016 public meeting. 7. Broward Health s General Counsel, Lynn M. Barrett ( Barrett ) subsequently retained an outside law firm, Waller, Lansden, Dortch & Davis, LLP (the Waller Firm ) to conduct an independent investigation of a complaint about the on-call orthopedic surgery rotation at Broward Health North. Barrett provided or caused others to provide the Waller Firm access to Broward Health s officers, employees and records to conduct the investigation. 8. Barrett used the Waller Firm s investigation to orchestrate Grant s termination by the Board at a special meeting of Board on December 1, Barrett retained and used Jack Selden, Esq., a partner at the outside law firm, Bradley Arant Boult Cummings LLP (the Bradley Firm ), to advise the Board regarding Grant. Upon Selden s advice and with little discussion, the Board voted 4-1 to terminate Grant. 9. On December 7, 2016, Richard W. Westling of the Waller Firm sent a written report of the Waller Firm s investigation (the Grant Report ) to Laura E. Ellis, Monitor for the

3 Office of Inspector General of the U.S. Department of Health and Human Services (the OIG Monitor ) pursuant to Broward Health s Corporate Integrity Agreement. The Grant Report indicated that the Grant Report represented the culmination of a substantial independent investigation by outside counsel, which included multiple interviews, document review, and factual and legal analysis. The Grant Report identified the relevant period of the Waller Firm s investigation as between December 1, 2010 and March 16, 2016, but also indicated the Waller Firm s belief that the conduct underlying [the] Reportable Event began prior to December 1, Notwithstanding the Waller Firm s conclusion that Grant engaged in probable violations of the Anti-Kickback Statute (42 U.S.C. 1320a-7b(b)), the Grant Report made no mention of records highly relevant to any legitimate investigation arriving at such a conclusion. 11. Berger serves as legal counsel for Grant in connection with the making of public records requests to Broward Health related to Berger Singerman LLP s investigation of the actions of Broward Health and its agents and attorney related to Grant, and the possible defense of Grant against criminal prosecution. 12. Because Grant faced possible criminal prosecution under the Anti-Kickback Statute as a result of the Grant Report, Grant began preparing a defense to possible criminal prosecution, which required her legal team to review all available documents and records related to the Waller Firm s investigation and the findings expressed in the Grant Report. 13. Pettis serves as legal counsel for Grant in Pauline Grant v. North Broward Hospital District d/b/a Broward Health, et al., 11 th Judicial Circuit Case No. CACE (the Process Lawsuit ), and Pauline Grant v. North Broward Hospital District d/b/a Broward Health, et al., 11 th Judicial Circuit Case No. CACE (the Contract Breach Lawsuit ),

4 as well as in connection with the making of public records requests related to those lawsuits. In broad strokes, the Process Lawsuit addresses the propriety of the actions of Broward Health and certain of its officers related to Grant s investigation and termination. The Contract Breach Lawsuit addresses Broward Health s breach of Grant s employment contract. 14. Venue is proper in this Court pursuant to Fla. Stat , because both Broward Health is located entirely within Broward County, Florida, and the cause of action accrued in Broward County. 15. This Court has jurisdiction over this dispute pursuant to Fla. Stat (2)(a), because the County Court does not have jurisdiction to issue a writ of mandamus, which relief is sought in Count III. 16. On May 12, 2017, Grant, through her legal counsel, Pettis, sent a letter to Maryanne Wing as Broward Health s Records Custodian, which letter is attached as Exhibit A, making a public records request pursuant to Fla. Stat (the May 12 Wing PRR ). The May 12 Wing PRR sought specific records of Broward Health related to the Process and Contract Breach Lawsuits. 17. On or about May 12, 2017, Pettis forwarded the May 12 Wing PRR to counsel of record in the Process and Contract Beach Lawsuits, Henry Coxe III, Esq. ( Coxe ) and Kevin Hyde, Esq. ( Hyde ). 18. On May 12, 2017, Grant, through her legal counsel, Berger, sent a letter to Barrett as Broward Health s General Counsel, which letter is attached as Exhibit B, making a public records request pursuant to Fla. Stat (the May 12 Barrett PRR ). 19. The May 12 Barrett PRR sought all records of Broward Health that were or should have been relevant to the Waller Firm s investigation of Grant and the findings expressed

5 in the Grant Report, as well as records related to Broward Health s Independent Review Organization, communications with the Waller Firm, the Bradley Firm and the OIG Monitor, and insurance policies which might cover Grant for actions in her official capacities at Broward Health, including criminal prosecution. 20. The May 12 Barrett PRR requested the records described in Paragraph 13 above in broad terms to eliminate any possibility that Broward Health would exclude records relevant to a legitimate, thorough investigation of Grant for possible violation of the Anti-Kickback Statute. 21. Berger sent the May 12 Barrett PRR to Barrett for the following reasons: a. Barrett is the person at Broward Health with the greatest knowledge of the records responsive to the May 12 Barrett PRR; b. Barrett has unique knowledge of all persons in possession of records responsive to the May 12 Barrett PRR and was best-suited to disseminate the May 12 Barrett PRR as required by law; c. as an attorney representing Broward Health, Barrett has an ethical duty to ensure that Broward Health responds to the May 12 Barrett PRR as required by Florida s Public Record Act; d. Barrett would likely review or direct the review of the records requested by the May 12 Barrett PRR for exemption; and e. Broward Health has not prominently posted the contact information of Broward Health s custodian of public records on its website

6 22. Barrett understood the set of records sought by the May 12 Barrett PRR when she received it. In fact, such records should have been compiled and reviewed by Barrett and/or the Waller Firm in connection with the investigation of Grant. 23. Pursuant to Fla. Stat (1), Broward Health had a duty to provide access to the public records sought by the Request. 24. Although the May 12 Wing PRR and May 12 Barrett PRR were received by Broward Health, they were not acknowledged as required by Fla. Stat (1)(c). 25. Grant, through Pettis, followed up on the May 12 Wing PRR on May 19 and 26, and June 2 and 7. On May 22, 2017, Hyde sent Pettis a letter which stated: We are reviewing the public records request you sent and will respond to it. 26. On June 2, 2017, Grant, through Berger, sent a letter to Broward Health, which is attached as Exhibit C, following up on the May 12 Barrett PRR and making a second public records request (the June 2 PRR ). 27. Although the June 2 PRR was received by Broward Health, it was not acknowledged as required by Fla. Stat (1)(c). 28. In an attempt to force Broward Health to comply with its obligations under the Public Records Act and produce records responsive to the May 12 Wing PRR, on June 2, 2017, Pettis filed a Motion to Compel (production of records responsive to the May 12 Wing PRR) in the Process Lawsuit. 29. Instead of attempting to respond to the May 12 Wing PRR substantively and produce records responsive thereto, on June 8, 2017, Broward Health filed a Response in Opposition to the Motion to Compel.

7 30. On June 15, 2017, Berger received an from Robert H. Fernandez, Esq. ( Fernandez ) in apparent response to the May 12 Barrett PRR and June 2 PRR (the June 15 ). Fernandez stated: The undersigned law firm has just been retained by Broward Health to assist in the determination, review and production of public records that are responsive to your public records request and are not exempt under a particular statutory exemption. Upon review of your public records request, I anticipate reaching out to you shortly in order to seek any clarification needed and to discuss other matters such as estimated costs and expected timeframe for completion. 31. On June 15, 2017, on behalf of Grant and Berger, the undersigned counsel sent an to Fernandez, which is attached as Exhibit D, responding to Fernandez s June 15 and making a third public records request (the June 15 PRR ). The June 15 PRR stated: I assume by your that Broward Health has commenced retrieval of records responsive to [the May 12 Barrett PRR and June 2 PRR]. If that is not the case, please contact me as soon as possible with any issues you may have that require clarification. Fernandez responded to the June 15 PRR the next day and stated: I will reach out to you early next week to see how we can work on this in an efficient and cooperative manner. Have a good weekend. 32. After waiting for Fernandez to follow-up as he stated he would, on June 26, 2017, the undersigned counsel again followed up with Hernandez via . Hernandez responded that same day and stated: You will be receiving a detailed response from me later today or tomorrow when I get back into the office. I want to move things forward and I will work with you if you work with me. 33. On July 7, 2017, Fernandez sent a letter to the undersigned counsel seeking clarification regarding almost every category of records requested by the May 12 Barrett PRR, June 2 PRR and June 15 PRR (the July 7 Fernandez Response ). The July 7 Fernandez

8 Response makes clear that, as of July 7, 2017, Broward Health had failed to begin searching for any of the records responsive to the May 12 Barrett PRR, June 2 PRR or June 15 PRR. 34. The July 7 Fernandez Response is nothing more than an attempt to further delay production of records responsive to the May 12 Barrett PRR, June 2 PRR and June 15 PRR. To the extent Broward Health had questions concerning meaning or scope of the May 12 Barrett PRR, June 2 PRR and June 15 PRR, Broward Health had an immediate duty to seek clarification. Barrett did not need clarification, however, because she knew exactly what documents were being sought. 35. Notwithstanding Barrett s knowledge of the records being sought by the May 12 Barrett PRR and Broward Health s general knowledge terms used in the May 12 Barrett PRR, Fernandez stated [i]t is unclear and/or ambiguous to undersigned counsel what exactly is being requested. Fernandez s understanding of the records sought by the May 12 Barrett PRR is irrelevant to Broward Health s ability to respond. 36. On July 12, 2017, Pettis followed up with Coxe and Hyde regarding the status of Broward Health s response to the May 12 Wing PRR. On July 14, 2017, Pettis received a response that indicated Broward Health had retained Fernandez to respond to the May 12 Wing PRR. 37. On July 14, 2017, Pettis received an from Fernandez stating: Good afternoon. I have been retained by Broward Health to respond to public records issues. All of my contact information is below. I will reach out to you next week. 38. On July 14, 2017, Berger sent a letter to the OIG Monitor (the Grant Report Response ) responding to the allegations made by the Waller Firm in the Grant Report. The

9 Grant Report Response notes in several places that records relevant to the Grant Report were requested of Broward Health, but Broward Health has failed to produce them. 39. On July 21, 2017, after next week came and went without hearing from Fernandez, Pettis s associate, Heather L. Weeter, Esq., followed up with Fernandez regarding the May 12 Wing PRR. 40. Later that same day, Pettis finally received a letter from Fernandez providing a response to the May 12 Wing PRR (the July 21 Fernandez Response ). The July 21 Fernandez Response does not indicate that Broward Health has begun compiling the records responsive to the May 12 Wing PRR, but merely provides that as the records are compiled, Fernandez has directed that they be forwarded to his office for review. Fernandez also responded to Pettis request for a written estimate and justification if extensive resources will be required by stating: I will be in position shortly to give you additional information in reference to any estimated costs. This response makes clear that after 69 days, Grant and Pettis are no closer to receiving the records they requested on May 12, Fla. Stat (1) provides, Whenever an action is filed to enforce the provisions of this chapter, the court shall set an immediate hearing, giving the case priority over other pending cases. 42. Fla. Stat provides that this Court shall award Grant and/or Berger their reasonable attorneys fees in bringing this action if the Court finds that Broward Health unlawfully refused request for inspection and copying of the records requested by the May 12 Wing PRR, May 12 Barrett PRR, June 2 PRR and June 15 PRR. 43. Broward Health has violated the Public Records Act by failing to:

10 a. acknowledge the May 12 Wing PRR, May 12 Barrett PRR, June 2 PRR and June 15 PRR in a timely manner; b. disseminate the May 12 Wing PRR, May 12 Barrett PRR, June 2 PRR and June 15 PRR as necessary to commence a diligent search for records responsive to such PRRs; c. commence a diligent search for records responsive to the May 12 Wing PRR, May 12 Barrett PRR, June 2 PRR and June 15 PRR; d. review responsive records, as necessary, to determine whether such records are exempt from production, in whole or in part; e. produce records responsive to the May 12 Wing PRR, May 12 Barrett PRR, June 2 PRR and June 15 PRR; and f. produce an exemption log in conjunction with the production of responsive records, which exemption log lists each responsive record identified as exempt, in whole or in part, and for each record claimed exempt, cites to the statute which provides the exemption and states with particularity the reasons for the conclusion that the record is exempt, to the extent Broward Health claims that any of the records responsive to the May 12 Wing PRR, May 12 Barrett PRR, June 2 PRR or June 15 PRR are exempt from disclosure. COUNT I VIOLATION OF FLORIDA S PUBLIC RECORDS ACT 44. Grant, Pettis and Berger restate and re-allege the allegations set forth in Paragraphs 1 through 43 above, and incorporate the same by reference as if fully stated herein.

11 45. This is an action to enforce Florida s Public Records Act codified at Fla. Stat , et seq. Grant, Pettis and Berger request that this Court expedite resolution of this matter as provided for under Fla. Stat (1), and provide an immediate hearing. 46. Broward Health had a duty to respond to the May 12 Wing PRR, May 12 Barrett PRR, June 2 PRR and June 15 PRR in good faith (1)(c), Fla. Stat. This duty includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, if so, the location at which the record can be accessed. Id. 47. Delay in making public records available is permissible under very limited circumstances. Promenade D'Iberville, LLC v. Sundy, 145 So. 3d 980, 983 (Fla. 1st DCA 2014). The only delay permitted by the Public Records Act is the limited reasonable time allowed the custodian to retrieve the record and delete those portions of the record the custodian asserts are exempt. Tribune Co. v. Cannella, 458 So.2d 1075, 1079 (Fla.1984). 48. Instead of responding to the May 12 Wing PRR, May 12 Barrett PRR, June 2 PRR and June 15 PRR in good faith, Broward Health has engaged in a pattern of delay. 49. An unjustified delay in complying with a public records request amounts to an unlawful refusal under Fla. Stat (1). Barfield v. Town of Eatonville, 675 So. 2d 223, 224 (Fla. 5th DCA 1996). 50. The Public Records Act implements a fundamental right afforded to all persons in Florida pursuant to Art. I, 24, Fla. Const. of Traylor v. State, 596 So. 2d 957, 963 (Fla. 1992) ( Every particular section of the Declaration of Rights stands on an equal footing with every other section. They recognize no distinction between citizens. Under them every citizen, the good and the bad, the just and the unjust, the rich and the poor, the saint and the sinner, the believer and the infidel, have equal rights before the law. ). The Declaration of Rights say to

12 arbitrary and autocratic power, from whatever official quarter it may advance to invade these vital rights of personal liberty and private property, Thus far shalt thou come, but no farther. Id. 51. Facing the full force of Broward Health s unlawful, arbitrary and autocratic power over her career, reputation and freedom, Grant exercised her fundamental right to shine a light on Broward Health s actions by reviewing and making public the records that Broward Health relied on in defaming her name and reputation, taking property to which she was entitled and justifying its own abuses of process. Broward Health has responded with delay, not transparency. WHEREFORE, Plaintiffs, PAULINE GRANT, EUGENE K. PETTIS and MITCHELL W. BERGER, respectfully request that this Court enter judgment against Defendant, NORTH BROWARD HOSPITAL DISTRICT d/b/a BROWARD HEALTH, finding that Broward Health has violated the Public Records Act, awarding Grant, Pettis and/or Berger their reasonable attorneys fees and costs pursuant to Fla. Stat , and granting all such further legal and equitable relief as the court deems just and appropriate. COUNT II INJUNCTIVE RELIEF 52. Grant, Pettis and Berger restate and re-allege the allegations set forth in Paragraphs 1 through 43 above, and incorporate the same by reference as if fully stated herein. 53. This is an action for injunctive relief to compel compliance with the Public Records Act. Injunctive relief is available upon an appropriate showing for a violation of the Public Records Act. Daniels v. Bryson, 548 So. 2d 679, 680 (Fla. 3d DCA 1989).

13 54. Grant, Pettis and Berger have no adequate remedy at law for Broward Health s violations of the Public Records Act in connection with the May 12 Wing PRR, May 12 Barrett PRR, June 2 PRR and June 15 PRR. 55. Broward Health s impermissible withholding of records responsive to the May 12 Wing PRR, May 12 Barrett PRR, June 2 PRR and June 15 PRR has irreparably harmed and continues to irreparably harm Grant, Pettis and Berger. 56. Broward Health s conduct with respect to the May 12 Wing PRR, May 12 Barrett PRR, June 2 PRR and June 15 PRR demonstrates a pattern of noncompliance with the Public Records Act. 57. Broward Health s demonstrated pattern of noncompliance with the Public Records Act in its handling of the May 12 Wing PRR, May 12 Barrett PRR, June 2 PRR and June 15 PRR indicate a strong likelihood that Broward Health will continue to delay or otherwise frustrate production of the records responsive to these PRRs in violation of the Public Records Act. WHEREFORE, Plaintiffs, PAULINE GRANT, EUGENE K. PETTIS and MITCHELL W. BERGER, respectfully request that this Court: A. issue an injunction against Defendant, NORTH BROWARD HOSPITAL DISTRICT d/b/a BROWARD HEALTH, requiring Broward Health to immediately and fully comply with the requirements of the Public Records Act by: 1. compiling all public records responsive to the May 12 Wing PRR, May 12 Barrett PRR, June 2 PRR and June 15 PRR within five (5) days of issuance of the injunction; 2. diligently reviewing responsive records for applicable exemptions;

14 3. preparing an exemption log listing each responsive record identified as exempt, in whole or in part, and for each record claimed exempt, citing to the statute which provides the exemption and stating with particularity the reasons for the conclusion that the record is exempt; 4. producing all non-exempt records responsive to the May 12 Wing PRR, May 12 Barrett PRR, June 2 PRR and June 15 PRR; and 5. taking no future actions which delay or otherwise frustrate production of the records responsive to the May 12 Wing PRR, May 12 Barrett PRR, June 2 PRR and June 15 PRR; B. award Grant, Pettis and/or Berger their reasonable attorneys fees and costs pursuant to Fla. Stat ; and C. all such further legal and equitable relief as the court deems just and appropriate. COUNT III PETITION FOR WRIT OF MANDAMUS 58. Grant, Pettis and Berger restate and re-allege the allegations set forth in Paragraphs 1 through 43 above, and incorporate the same by reference as if fully stated herein. 59. This is an action for a common law writ of mandamus. 60. Broward Health s duty to provide Grant, Pettis and Berger access to the records requested by the May 12 Wing PRR, May 12 Barrett PRR, June 2 PRR and June 15 PRR is ministerial. 61. Generally, mandamus is an appropriate remedy to enforce compliance with the Act. Staton v. McMillan, 597 So. 2d 940 (Fla. 1 st DCA 1992). WHEREFORE, Plaintiffs, PAULINE GRANT, EUGENE K. PETTIS and MITCHELL W. BERGER respectfully request that this Court expedite resolution of this matter as provided

15 for under Fla. Stat (1), issue a writ of mandamus compelling Defendant, NORTH BROWARD HOSPITAL DISTRICT d/b/a BROWARD HEALTH, to immediately and fully comply with the requirements of the Public Records Act by providing all public records responsive to the May 12 Wing PRR, May 12 Barrett PRR, June 2 PRR and June 15 PRR within five (5) days of issuance of the writ, awarding Grant, Pettis and/or Berger their reasonable attorneys fees and costs pursuant to Fla. Stat , and all such further relief as the court deems just and appropriate.

16 Dated: August 2, 2017 Respectfully submitted, BERGER SINGERMAN LLP Attorneys for Plaintiffs 350 East Las Olas Blvd., Suite 1000 Fort Lauderdale, FL Tel: (954) Fax: (954) s/ Paul S. Figg Paul S. Figg Fla. Bar No

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22 Paul S Figg From: Sent: To: Cc: Subject: Attachments: Victoria Rozhon Friday, May 12, :31 PM lmbarrett@browardhealth.org Mitchell W. Berger SENT ON BEHALF OF MITCHELL BERGER re Public Records Request Broward Health Letter re Public Records Request.pdf SENT ON BEHALF OF MITCHELL BERGER Victoria Rozhon Executive/Legal Assistant 350 East Las Olas Boulevard Suite 1000 Fort Lauderdale, FL office: (954) direct: (954) fax: (954) VRozhon@bergersingerman.com website: doing business in Florida resource: Please consider the environment before printing this . This transmission is intended to be delivered only to the named addressee(s) and may contain information that is confidential, proprietary, attorney workproduct or attorney-client privileged. If this information is received by anyone other than the named and intended addressee(s), the recipient should immediately notify the sender by and by telephone at the phone number of the sender listed on the and obtain instructions as to the disposal of the transmitted material. In no event shall this material be read, used, copied, reproduced, stored or retained by anyone other than the named addressee(s), except with the express consent of the sender or the named addressee(s). Thank you. ************************************************************************************************** 1

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28 EXHIBIT D

29 Paul S Figg From: Sent: To: Cc: Subject: Importance: Paul S Figg Thursday, June 15, :16 PM 'Robert.Fernandez@zumpanocastro.com' Mitchell W. Berger; 'Nikki.Marrero@zumpanocastro.com'; 'Lmbarrett@browardhealth.org' RE: Representation of Broward Health re public records issues High Robert, Thank you for your . I represent Mitchell Berger in connection with his public records requests to Broward Health; specifically, the PRRs dated May 12 and June 2. I assume by your that Broward Health has commenced retrieval of records responsive to these PRRs. If that is not the case, please contact me as soon as possible with any issues you may have that require clarification. Your was the first acknowledgement of these PRRs. As I am sure you are aware, In addition to the foregoing, Mr. Berger requests the opportunity to inspect and identify for copying any and all public records (as that term is defined in (12), Fla. Stat.) created, transmitted or received by or on behalf of Broward Health, including any of its officers, employees or agents, regarding or related to the following: The various other voluminous public records requests recently made to Broward Health that you mention in your below; and Broward Health s engagement or retention of Zumpano Castro in connection with the May 12 and June 2 PRRs. Thank you for your immediate attention to this matter. I look forward to working with you. Best Regards, Paul Paul S. Figg 350 East Las Olas Boulevard Suite 1000 Fort Lauderdale, FL office: (954) direct: (954) fax: (954) PFigg@bergersingerman.com website: bio doing business in Florida resource: Please consider the environment before printing this . This transmission is intended to be delivered only to the named addressee(s) and may contain information that is confidential, proprietary, attorney workproduct or attorney-client privileged. If this information is received by anyone other than the named and intended addressee(s), the recipient should immediately notify the sender by and by telephone at the phone number of the sender listed on the and obtain instructions as to the disposal of the transmitted material. In no event shall this material be read, used, copied, reproduced, stored or retained by anyone other than the named addressee(s), except with the express consent of the sender or the named addressee(s). Thank you. *********************************************************************************************************************** 1

30 The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. Begin forwarded message: From: Robert Fernandez Date: June 15, 2017 at 12:44:06 PM EDT To: Cc: Nikki Marrero "Barrett, Lynn M" Subject: Representation of Broward Health re public records issues Mr. Berger: I am writing you in response to your correspondence to Broward Health seeking production of certain public records. The undersigned law firm has just been retained by Broward Health to assist in the determination, review and production of public records that are responsive to your public records request and are not exempt under a particular statutory exemption. The undersigned law firm will also be handling various other voluminous public records request that have been recently made top Broward Health. Upon review of your public records request, I anticipate reaching out to you shortly in order to seek any clarification needed and to discuss other matters such as estimated costs and expected timeframe for completion. If there is someone else in your office that will be taking the lead on this, please let me know. Thank you in advance for your anticipated cooperation. Respectfully, Robert H. Fernandez, Esq. Partner Zumpano Castro, LLC 500 South Dixie Highway, Suite 302 Coral Gables, Florida Phone: Facsmile: robert.fernandez@zumpanocastro.com STATEMENT OF CONFIDENTIALITY AND PRIVILEGE The information contained in this communication may be confidential and privileged. It is intended only for the use of the individual or entity identified. If you are not the intended recipient, please do not disseminate, distribute, or copy. Instead, please notify us at and immediately delete this message. 2